BILL NUMBER: AB 116	CHAPTERED  09/01/99

	CHAPTER   276
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 1999
	APPROVED BY GOVERNOR   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	PASSED THE SENATE   AUGUST 19, 1999
	AMENDED IN SENATE   JULY 14, 1999
	AMENDED IN SENATE   JUNE 23, 1999
	AMENDED IN SENATE   JUNE 9, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999
	AMENDED IN ASSEMBLY   MARCH 18, 1999
	AMENDED IN ASSEMBLY   MARCH 9, 1999

INTRODUCED BY   Assembly Member Mazzoni
   (Coauthors:  Assembly Members Alquist, Aroner, Thomson, and
Washington)

                        JANUARY 5, 1999

   An act to amend Sections 60045 and 60200 of, and to add Sections
60048 and 60200.2 to, the Education Code, relating to instructional
materials.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 116, Mazzoni.  Basic instructional materials:  commercial brand
name, product, corporate or company logo.
   (1) Existing law requires all instructional materials adopted by
any governing board for use in schools to be accurate, objective, and
current, and suited to the needs and comprehension of pupils.
   This bill would also require instructional materials to use proper
grammar and spelling, except as specified.
   (2) Under existing law, the State Board of Education is required
to adopt basic instructional materials for use in kindergarten and
grades 1 to 8, inclusive, for school district governing boards.
Existing law requires the state board, in reviewing and adopting or
recommending for adoption basic instructional materials, to ensure
that, in its judgment, the basic instructional materials are
consistent with the criteria and the standards of quality prescribed
in the state board's adopted curriculum framework, comply with
certain statutory requirements and the state board's guidelines for
social content, are factually accurate and incorporate principles of
instruction reflective of current and confirmed research, adequately
cover the subject area for the grade level or levels for which they
are submitted, and meet certain other criteria.
   This bill would add to these criteria, a determination by the
state board that these basic instructional materials, do not contain
materials, including illustrations, that provide unnecessary exposure
to a commercial brand name, product, or corporate or company logo.
This bill would further provide that basic instructional materials,
including illustrations, that contain a commercial brand name,
product, or corporate or company logo may not be used unless the
board makes a specific finding, including among others, that the use
of the commercial brand name, product, or corporate or company logo
is appropriate.  The bill would require the State Board of Education
to give publishers the opportunity to modify instructional materials
that do not comply with these provisions.  The bill would provide
that nothing in those provisions shall be construed to prohibit the
publishers of instructional materials from including whatever
corporate name or logo on the instructional materials that is
necessary to provide basic information about the publishers, to
protect its copyright, or to identify 3rd party sources of content.
The bill would also permit the State Board of Education to adopt
regulations that provide for other exceptions to those provisions.
The bill would require the Superintendent of Public Instruction to
develop, and the State Board of Education to adopt, guidelines to
implement those provisions.
   This bill would also prohibit the governing board of a school
district from adopting basic instructional materials, and other
instructional materials required to be legally and socially
compliant, including illustrations, that provide any exposure to a
commercial brand name, product, or corporate or company logo that is
inconsistent with guidelines or frameworks adopted by the state board
and would provide that the governing board may not adopt basic
instructional materials, and other instructional materials required
to be legally and socially compliant, including illustrations, that
contain a commercial brand name, product, or corporate or company
logo unless the governing board makes a specific finding that the use
of the commercial brand name, product, or corporate or company logo
in the instructional materials is appropriate.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 60045 of the Education Code is amended to read:

   60045.  (a) All instructional materials adopted by any governing
board for use in the schools shall be, to the satisfaction of the
governing board, accurate, objective, and current and suited to the
needs and comprehension of pupils at their respective grade levels.
   (b) With the exception of literature and tradebooks, all
instructional materials adopted by any governing board for use in
schools shall use proper grammar and spelling.  The state board may
adopt regulations that provide for other allowable exceptions to this
subdivision for educational purposes, as determined by the state
board.
  SEC. 2.  Section 60048 is added to the Education Code, to read:
   60048.  (a) Basic instructional materials, and other instructional
materials required to be legally and socially compliant pursuant to
Sections 60040 to 60047, inclusive, including illustrations, that
provide any exposure to a commercial brand name, product, or
corporate or company logo in a manner that is inconsistent with
guidelines or frameworks adopted by the State Board of Education may
not be adopted by a school district governing board.
   (b) The governing board of a school district may not adopt basic
instructional materials, and other instructional materials required
to be legally and socially compliant pursuant to Sections 60040 to
60047, inclusive, including illustrations, that contain a commercial
brand name, product, or corporate or company logo unless the
governing board makes a specific finding pursuant to the criteria set
forth in paragraph (5) of subdivision (c) of Section 60200 that the
use of the commercial brand name, product, or corporate or company
logo in the instructional materials is appropriate.
   (c) Nothing in this section shall be construed to prohibit the
publisher of instructional materials to include whatever corporate
name or logo on the instructional materials that is necessary to
provide basic information about the publisher, to protect its
copyright, or to identify third party sources of content.
   (d) The state board may adopt regulations that provide for other
allowable exceptions to this section, as determined by the state
board.
   (e) The Superintendent of Public Instruction shall develop, and
the State Board of Education shall adopt, guidelines to implement
this section.
  SEC. 3.  Section 60200 of the Education Code is amended to read:
   60200.  The state board shall adopt basic instructional materials
for use in kindergarten and grades 1 to 8, inclusive, for governing
boards, subject to the following provisions:
   (a) The state board shall adopt at least five basic instructional
materials for all applicable grade levels in each of the following
categories:
   (1) Language arts, including, but not limited to, spelling and
reading.
   (2) Mathematics.
   (3) Science.
   (4) Social science.
   (5) Bilingual or bicultural subjects.
   (6) Any other subject, discipline, or interdisciplinary areas for
which the state board determines the adoption of instructional
materials to be necessary or desirable.
   (b) The state board shall adopt procedures for the submission of
basic instructional materials in order to comply with each of the
following:
   (1) Instructional materials may be submitted for adoption in any
of the subject areas pursuant to paragraphs (1) to (5), inclusive, of
subdivision (a) not less than two times every six years and in any
of the subject areas pursuant to paragraph (6) of subdivision (a) not
less than two times every eight years.  The state board shall ensure
that curriculum frameworks are reviewed and adopted in each subject
area consistent with the six- and eight-year submission cycles and
that the criteria for evaluating instructional materials developed
pursuant to subdivision (b) of Section 60204 are consistent with
subdivision (c).  The state board may prescribe reasonable conditions
to restrict the resubmission of materials that have been previously
rejected if those resubmitted materials have no substantive changes.

   (2) Submitted instructional materials shall be adopted or rejected
within six months of the submission date of the materials pursuant
to paragraph (1), unless the state board determines that a longer
period of time, not to exceed an additional three months, is
necessary due to the estimated volume or complexity of the materials
for that subject in that year, or due to other circumstances beyond
the reasonable control of the state board.
   (c) In reviewing and adopting or recommending for adoption
submitted basic instructional materials, the state board shall use
the following criteria, and ensure that, in its judgment, the
submitted basic instructional materials meet all of the following
criteria:
   (1) Are consistent with the criteria and the standards of quality
prescribed in the state board's adopted curriculum framework.  In
making this determination, the state board shall consider both the
framework and the submitted instructional materials as a whole.
   (2) Comply with the requirements of Sections 60040, 60041, 60042,
60043, 60044, 60048, 60200.5, and 60200.6, and the state board's
guidelines for social content.
   (3) Are factually accurate and incorporate principles of
instruction reflective of current and confirmed research.
   (4) Adequately cover the subject area for the grade level or
levels for which they are submitted.
   (5) Do not contain materials, including illustrations, that
provide unnecessary exposure to a commercial brand name, product, or
corporate or company logo.  Materials, including illustrations, that
contain a commercial brand name, product, or corporate or company
logo may not be used unless the board determines that the use of the
commercial brand name, product, or corporate or company logo is
appropriate based on one of the following specific findings:
   (A) If text, the use of the commercial brand name, product, or
corporate or company logo in the instructional materials is necessary
for an educational purpose, as defined in the guidelines or
frameworks adopted by the State Board of Education.
   (B) If an illustration, the appearance of a commercial brand name,
product, or corporate or company logo in an illustration in
instructional materials is incidental to the general nature of the
illustration.
   (6) Meet other criteria as are established by the state board as
being necessary to accomplish the intent of Section 7.5 of Article IX
of the California Constitution and of Section 1 of this act,
provided that the criteria are approved by resolution at the time the
resolution adopting the framework for the current adoption is
approved, or at least 30 months prior to the date that the materials
are to be approved for adoption.
   (d) If basic instructional materials are rejected, the state board
shall provide a specific, written explanation of the reasons why the
submitted materials were not adopted, based upon one or more of the
criteria established under subdivision (c).  In providing this
explanation, the state board may use, in whole or in part, materials
written by the commission or any other advisers to the state board.
   (e) The state board may adopt fewer than five basic instructional
materials in each subject area for each grade level if either of the
following occurs:
   (1) Fewer than five basic instructional materials are submitted.
   (2) The state board specifically finds that fewer than five basic
instructional materials meet the criteria prescribed by paragraphs
(1) to (5), inclusive, of subdivision (c), or the materials fail to
meet the state board's adopted curriculum framework.  If the state
board adopts fewer than five basic instructional materials in any
subject for any grade level, the state board shall conduct a review
of the degree to which the criteria and procedures used to evaluate
the submitted materials for that adoption were consistent with the
state board's adopted curriculum framework.
   (f) Nothing in this section shall limit the authority of the state
board to adopt materials that are not basic instructional materials.

   (g) If a district board establishes to the satisfaction of the
state board that the state-adopted instructional materials do not
promote the maximum efficiency of pupil learning in the district, the
state board shall authorize that district governing board to use its
instructional materials allowances to purchase materials as
specified by the state board, in accordance with standards and
procedures established by the state board.
   (h) Consistent with the quality criteria for the state board's
adopted curriculum framework, the state board shall prescribe
procedures to provide the most open and flexible materials submission
system and ensure that the adopted materials in each subject, taken
as a whole, provide for the educational needs of the diverse pupil
populations in the public schools, provide collections of
instructional materials that illustrate diverse points of view,
represent cultural pluralism, and provide a broad spectrum of
knowledge, information, and technology-based materials to meet the
goals of the program and the needs of pupils.
   (i) Upon making an adoption, the state board shall make available
to listed publishers and manufacturers and all school interests a
listing of instructional materials, including the most current unit
cost of those materials as computed pursuant to existing law.  Items
placed upon lists shall remain thereon, and be available for
procurement through the state's systems of financing, from the date
of the adoption of the item and until a date established by the state
board.  The date established by the board for continuing items on
that list shall be the earlier of not more than six years from the
date of adoption for instructional materials pertaining to subject
areas designated in paragraphs (1) to (5), inclusive, of subdivision
(a), and not more than eight years from the date of adoption for
instructional materials pertaining to subject areas designated in
paragraph (6) of subdivision (a), or the date on which the state
board adopts instructional materials based upon a new or revised
curriculum framework.  Lists of adopted materials shall be made
available by subject and grade level.  The lists shall terminate and
shall no longer be effective on the date prescribed by the state
board pursuant to this subdivision.
   (j) The state board may approve multiple lists of instructional
materials, without designating a grade or subject, and the state
board may designate more than one grade or subject whenever it
determines that a single subject designation or a single grade
designation would not promote the maximum efficiency of pupil
learning.  Any materials so designated may be placed on single grade
or single subject lists, or multigrade or interdisciplinary lists, or
may be placed on separate lists including other materials with
similar grade or subject designations.
   (k) A composite listing in the format of an order form may be used
to meet the requirements of this section.
   (l) The lists maintained pursuant to this section shall not be
deemed to control the use period by any local district.
   (m) The state board shall give publishers the opportunity to
modify instructional materials, in a manner provided for in
regulations adopted by the state board, if the state board finds that
the instructional materials do not comply with paragraph (5) of
subdivision (c).
   (n) Nothing in this section shall be construed to prohibit the
publisher of instructional materials from including whatever
corporate name or logo on the instructional materials that is
necessary to provide basic information about the publisher, to
protect its copyright, or to identify third party sources of content.

   (o) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the board.
   (p) The Superintendent of Public Instruction shall develop, and
the State Board of Education shall adopt, guidelines to implement
this section.
  SEC. 4.  Section 60200.2 is added to the Education Code, to read:
   (a) In addition to the findings authorized under subparagraphs (A)
and (B) of paragraph (5) of subdivision (c) of Section 60200, if the
state board finds that the use of a commercial brand name, product,
or corporate or company logo in an instructional material is
authorized under a contract entered into under paragraph (3) of
subdivision (a) of Section 35182.5 as added by Assembly Bill 117 of
the 1999-2000 Regular Session, the state board may allow the use of
that instructional material.
   (b) This section shall become operative only if Section 35182.5 as
proposed by Assembly Bill 117 of the 1999-2000 Regular Session is
enacted and takes effect.
  SEC. 5.  Sections 1 to 3, inclusive, of this act shall only apply
to notices of "Invitation to Submit Basic Instructional Materials for
Adoption in California" issued after January 1, 2000, and for other
instructional materials submitted after January 1, 2000, to the State
Board of Education for a determination of compliance with the
requirements of Article 3 (commencing with Section 60040) of Chapter
1 of Part 33 of the Education Code.
